2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRL.MC NO. 1978 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN CRL.A NO.266 OF 2024 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM PETITIONER: M. SHAJIDEEN AGED 72 YEARS S/O.MYTHEEN PICHA, FIRST FLOOR, 'MARVEL MANSION', GOUREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. GIRISH KUMAR M S RICHU THERESA ROBERT RAJALAKSHMI.R. RESPONDENTS: 1 K.M. ASHRAF ‘ PHOENIX’, T.C.NO.38/204, POWER HOUSE ROAD, CHENTHITTA, THIRUVANANTHAPURAM, PIN - 695036 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 2 HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT. PUSHPALATHA. M.K, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.2009/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRL.MC NO. 2009 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN CRL.A NO.267 OF 2024 OF ADDITIONAL DISTRICT COURT (ADHOC), THIRUVANANTHAPURAM PETITIONER: M. SHAJIDEEN AGED 72 YEARS S/O.MYTHEEN PICHA, FIRST FLOOR, 'MARVEL MANSION', GOUREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. GIRISH KUMAR M S RICHU THERESA ROBERT RAJALAKSHMI.R. RESPONDENTS: 1 K.M.ASHRAF ‘ PHOENIX’, T.C.NO.38/204, POWER HOUSE ROAD, CHENTHITTA, THIRUVANANTHAPURAM, PIN - 695036 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 4 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.1978/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 5 ORDER These Crl.M.Cs are filed challenging the orders issued by the Appellate Court, declining to direct payment of 20% of the compensation directed to be paid by the trial court while convicting the 1st respondent for the offence under Section 138 of the Negotiable Instruments Act. 2. Learned counsel for the petitioner contends that the refusal to direct payment of portion of the compensation is contrary to the spirit of Section 148 of the Negotiable Instruments Act and is also vitiated by non- application of mind. 3. The Appellate Court having exercised its discretion by declining to direct payment of compensation under Section 148 of the Negotiable Instruments Act, it is not for this Court to decide whether the discretion is executed correctly, particularly when the reason for refusal to direct part payment of compensation is stated in the orders. Therefore, the challenge against the impugned 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 6 orders are not found unsustainable. The Crl.M.C.s are disposed of, by directing the court below to take earnest efforts to decide the Criminal Appeals expeditiously, since the complaint was filed way back in the year 2014. Sd/- V.G.ARUN JUDGE SPV 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 7 APPENDIX OF CRL.MC 2009/2025 PETITIONER’S ANNEXURES ANNEXURE I TRUE COPY OF TEH COMMON JUDGMENT IN C.C.1597/2014 AND C.C.1598/2014 OF THE SPECIAL COURT OF JUDICIAL MAGISTRATE OF THE FIRST CLASS FOR THE TRIAL OF CASES, UNDER SECTION 138 OF NI ACT 1881, THIRUVANANTHAPURAM ANNEXURE II TRUE COPY OF THE MEMORANDUM OF CRL.APPEAL DATED 13.12.2024 FILED BY THE 1ST RESPONDENT BEFORE THE SESSIONS COURT, THIRUVANANTHAPURAM ANNEXURE III TRUE COPY OF THE PETITION SUPPORTED BY AN AFFIDAVIT FILED BY THE 1ST RESPONDENT, SEEKING TO SUSPEND HIS CONVICTION AND SENTENCE IN C.C.1597/2014 ANNEXURE IV THE CERTIFIED COPY OF THE ORDER DATED 17.12.2024 IN CRL.M.P.NO.6489/2024 IN CRL.APPEAL NO.267/2024 OF THE SESSIONS JUDGE, THIRUVANANTHAPURAM ANNEXURE V TRUE COPY OF THE ORDER DATED 21.03.2024 OF THIS HON'BLE COURT IN CRL.M.C.1077/2024 ANNEXURE VI TRUE COPY OF THE ORDER DATED 11.12.2024 OF THIS HON'BLE COURT IN CRL.M.C.NO.9351/2024 ANNEXURE VII THE TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE 1ST RESPONDENT, MAINTAINED IN THE IDFC FIRST BANK LTD, THIRUVANANTHAPURAM BRANCH FOR THE PERIOD FROM 26.12.2022 TO 08.01.2024 ANNEXURE VIII TRUE COPY OF THE APPLICATION DATED 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 8 03.06.2023 FILED BY THE COUNSEL FOR THE 1ST RESPONDENT SEEKING EXCUSE OF HIS ABSENCE, ON THE DATE OF POSTING OF C.C.1597/2014 ANNEXURE IX TRUE COPY OF THE APPLICATION DATED 15.07.2023 FILED BY THE COUNSEL FOR THE 1ST RESPONDENT SEEKING EXCUSE OF HIS ABSENCE, ON THE DATE OF POSTING OF C.C.1597/2014 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 9 APPENDIX OF CRL.MC 1978/2025 PETITIONER’S ANNEXURES ANNEXURE I TRUE COPY OF THE COMMON JUDGMENT DATED 14.11.2024 OF THE SPECIAL COURT OF JUDICIAL MAGISTRATE OF THE FIRST CLASS FOR THE TRIAL OF CASES, UNDER SECTION 138 OF NI ACT 1881, THIRUVANANTHAPURAM IN C.C.1597/2014 AND C.C.1598/2014 ANNEXURE II TRUE COPY OF THE MEMORANDUM OF CRL.APPEAL DATED 13.06.2024 CHALLENGING THE JUDGMENT IN C.C.1598/2014 OF THE SPECIAL COURT OF JUDICIAL MAGISTRATE OF THE FIRST CLASS FOR THE TRIAL OF CASES, UNDER SECTION 138 OF NI ACT 1881 ANNEXURE III THE TRUE COPY OF THE PETITION SUPPORTED BY AN AFFIDAVIT FILED BY THE 1ST RESPONDENT, SEEKING TO SUSPEND HIS CONVICTION AND SENTENCE IN C.C.1598/2014 ANNEXURE IV THE CERTIFIED COPY OF THE ORDER DATED 17.12.2024 OF THE LEARNED SESSIONS JUDGE, THIRUVANANTHAPURAM IN CRL.M.P.NO.6490/2024 IN CRL.APPEAL NO.266/2024 ANNEXURE V TRUE COPY OF THE ORDER DATED 21.03.2024 OF THIS HON'BLE COURT IN CRL.M.C.1077/2024 ANNEXURE VI TRUE COPY OF THE ORDER DATED 11.12.2024 OF THIS HON'BLE COURT IN CRL.M.C.NO.9351/2024 ANNEXURE VII TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE 1ST RESPONDENT, MAINTAINED IN THE IDFC FIRST BANK LTD, 2025:KER:18112 Crl.MC Nos.1978/2025 & 2009/2025 10 THIRUVANANTHAPURAM BRANCH FOR THE PERIOD FROM 26.12.2022 TO 08.01.2024 ANNEXURE VIII TRUE COPY OF THE APPLICATION DATED 03.06.2023 FILED BY THE 1ST RESPONDENT'S COUNSEL, SEEKING EXCUSE OF HIS ABSENCE, ON THE DATE OF POSTING OF C.C.1597/2014 ANNEXURE IX TRUE COPY OF THE APPLICATION DATED 15.07.2023 FILED BY THE 1ST RESPONDENT'S COUNSEL, SEEKING EXCUSE OF HIS ABSENCE, ON THE DATE OF POSTING OF C.C.1597/2014 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE